A man whose car skidded into a tree and killed its passenger has been cleared in court of causing death by careless driving.

Ajay Gabriel, 23, of Linkfield Lane, Redhill, was driving south along the A217 at St Dunstan’s Hill, on January 4, last year when his Ford Fusion hit a sheet of ice.

The car, which was carrying two passengers, skidded across the dual carriageway, mounted the opposite kerb and smashed into a tree, killing Shane Dumetz, 20.

Mr Dumetz, of Parkham Street, Battersea, was a passenger in the back seat along with another friend, Michael Goodwin, who was in the front.

When interviewed, Mr Gabriel told police he had “sort of flipped out” earlier in the journey and had spoken to his passenger about the icy road.

Mr Gabriel said he saw grit on the road and thought there must be ice.

He said: “I tried to move to the side of the road but the car swung out. I just blacked out until I hit the tree.”

The driver recalled seeing an “engine failure” warning on his dashboard and was knocked unconscious for one or two minutes.

Peter Genser, prosecuting at Croydon Crown Court on Tuesday, said a pipe had burst days beforehand sending thousands of gallons of water across nearby roads, including the A217.

The pipe, according to Mr Genser, had been reported by members of the public to police, the council and the water board but was still leaking when the fatal accident occurred.

Mr Genser said: “The defendant was travelling south when he hit an area of ice and slush, which had leaked from a pipe 150 metres away.

“Gabriel lost control of the car which went across the north-bound carriageway of St Dunstan’s Hill, mounting the kerb and hitting a tree.”

However, the prosecution accepted there was no suggestion Mr Gabriel was on drink or drugs or that he was driving over the 40mph speed limit.

Traffic expert Kevin Holloway estimated his speed was below 40mph.

A jury at Croydon Crown Court cleared him of the charge.